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Block Gets Delay but He Still May Have to Testify : Law enforcement: The judge in the trial of six narcotics officers orders the sheriff to answer questions in writing before he decides whether to quash a defense subpoena.

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TIMES STAFF WRITER

Sheriff Sherman Block, subpoenaed by attorneys for six Los Angeles County narcotics officers, won a reprieve Wednesday but a federal judge said the sheriff may still be forced to testify as a defense witness in the civil rights trial.

U.S. District Judge Robert M. Takasugi ordered Block to submit a written declaration answering questions from defense attorneys before determining whether the sheriff will be summoned.

Defense attorneys have subpoenaed Block in hopes of refuting the testimony of former Sheriff’s Sgt. Robert R. Sobel, a key prosecution witness. Sobel told jurors earlier that deputies from “ghetto stations” are trained to cover up excessive-force incidents and to lie for each other or risk jeopardizing their careers.

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The five sheriff’s deputies and a Los Angeles police officer now on trial had worked for Sobel on an anti-drug team at the Lennox station in the 1980s, largely targeting black drug dealers.

Sobel, a 20-year veteran of the department, said deputies who were assigned to such “ghetto stations” as Lennox, Firestone and Lynwood were trained and encouraged to falsify reports or to lie in order to justify arrests. Those deputies who did not go along were often returned to jailhouse duties rather than given better assignments, Sobel said.

But that view was disputed by Block’s attorney.

“I believe there are no (such) criteria, your honor,” said Anthony P. Serritella, a private attorney hired by the county to represent Block.

“That’s precisely the point,” interjected defense attorney Larry Bakman. “If no such criteria exist, then that directly contradicts Mr. Sobel.”

Bakman, who represents Deputy John L. Edner, told the judge that Block is “an extremely critical witness” for the defense and said the sheriff could undercut Sobel’s credibility by testifying about the department’s policies toward training, narcotics enforcement and the use of force.

“We fully expect Sherman Block to contradict Sobel’s testimony,” Bakman said after the court hearing. “If he doesn’t, he’s impeaching his entire department.”

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Attorney David Wiechert, who represents LAPD Detective Stephen W. Polak, said Block also could be questioned about defense claims that the narcotics officers operated under extremely stressful conditions and that the department did little about it. The defense has alleged that the department did not provide stress counseling and contributed to stressful conditions by failing to provide the anti-drug team with adequate weapons.

“Mr. Block was the person on the watch during (this period),” Wiechert said.

In addition to Edner and Polak, the other defendants are Sgt. Robert S. Tolmaire and Deputies Roger R. Garcia, Edward D. Jamison and J.C. Miller. The defendants are accused of beating narcotics dealers, skimming drug cash, planting cocaine and falsifying police reports.

They were indicted as part of a 3-year-old investigation by the Sheriff’s Department and the FBI. Eight deputies, including Sobel, were convicted last year after the first money-skimming trial, but Block did not testify in that case.

Although the sheriff had no comment, Serritella told The Times that Block denies the allegations that deputies were taught to use excessive force or to condone the falsification of reports. He also said Block denies that deputies who engaged in such misconduct were rewarded.

Seeking to quash the subpoena for Block, Serritella said department officials other than the sheriff were available to testify and would be more knowledgeable about street-level practices. He added that it has been more than 30 years since Block last worked as a patrol deputy--at the Lennox station.

In ordering Block to submit a written declaration by Friday, Judge Takasugi said, “We’ll see from that who are the appropriate people (to call to testify), and Sheriff Block may be the appropriate person.”

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